《中國知識產權保護》:
2.3 Description
According to Art.26, Para.3 of the Patent Act, the description must set forth the invention or utility modelin a manner sufficiently clear and complete so as to enable "a person skilled in the relevant field of technology" to carry it out.
2.3.1 A Person Skilled in the Art
"A person skilled in the relevant field of technology" is largely consistent with the notions of "a person skilled in the art" or "a person in the art" or "a person holding/having ordinary skill in the art (PHOSITA)" in foreign laws and international conventions.The State IP Office's Guidelines for Patent Examination point out that "person skilled in the art" is a fictional person who is considered to have the normal skills and knowledge in a particular technical field, however, without being a genius.
2.3.2 Requirement of "Sufficiently Clear and Complete"
"Sufficiently clear and complete" means the description must disclose the invention or utility model in a manner that enables a person skilled in the art to carry out the invention or utility model depending merely on the description,without further creative efforts of his/her own.The applicant must clearly describe the subject matter of the invention-creation, i.e., the technical problem the invention or utility model aims to solve,the technical solution adopted to solve this problem, and the advantageous effects of the invention or utility model. Meanwhile, the expression of the description must be precise, without ambiguity or equivocation.
As to the completeness requirement, the description must include all the technical contents that are necessary for understanding and carrying out the invention or utility model. Actually, the arrangement ofthe form and content of the description (see below) is sort of tool to have the drafter met the requirement of completeness.The requirement of clarity and completeness also request that the description of the invention or utility model must use standard terms and be in clear wording, and must not contain such references to the claims as: "as described in the claim... ", nor does it contain commercial advertising.
……